Fisher v. Tupper
Supreme Court of Vermont
Petition under V. S. 1667 for leave to enter a cause in which an appeal was denied by the trial justice. Heard on demurrer to- the petition, Franklin County, September Term, 1899, Start, J., presiding. The court sustained the demurrer and dismissed the petition. The petitioner excepted.
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Petition under V. S. 1667 for leave to enter a cause in which an appeal was denied by the trial justice. Heard on demurrer to- the petition, Franklin County, September Term, 1899, Start, J., presiding. The court sustained the demurrer and dismissed the petition. The petitioner excepted. The petition set out that judgment was rendered against the petitioner by a justice of the peace in an action of assumpsit brought by the petitionee, that the petitioner seasonably prayed for an appeal and tendered good and sufficient bail therefor, but that his appeal was denied by the justice.
1Opinion of the CourtMunson, J.
Neither the ad damnum in the writ, nor the sum demanded by the declaration, nor the specification presented by the plaintiff, exceeded twenty dollars; and the case was «not appealable unless the plaintiff offered an exhibit exceeding that amount. V. S. 1298. It is clear that the exhibit here intended is a writing offered as the basis of recovery. Church v. Vanduzee, 4 Vt. 195; Weston v. Marsh, 12 Vt. 420; Warren v. Newfane, 25 Vt. 250; Connecticut etc. R. R. Co. v. Bates, 32 Vt. 420; Cole v. Goodell, 39 Vt. 400; Williams v. Mason, 45 Vt. 372; Concord v. National Bank, 51 Vt. 144; Perry v.…
2Cases cited8 opinions
- Town of Concord v. National BankSupreme Court of Vermont · 1878
- Church v. VanduzeeSupreme Court of Vermont · 1831
- Connecticut & Passumpsic Rivers Railroad v. BatesSupreme Court of Vermont · 1859
- Warren v. Town of NewfaneSupreme Court of Vermont · 1853
- Williams v. MasonSupreme Court of Vermont · 1873
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